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the peace; one is a commitment on mesne process, the other
upon final judgment. All proceedings entering betwean the
beginning and ending of a case, are mesne process. The
rights of these parties do not make a question in this case. I
shall not discuss the power or action of the Governor of the
State in the matter of the trial of the Police Commissioners.
It does not come in question here. The record is not before
us.

A single order was produced, which was the ultimate order,
in the view of the opposite side, but that does not come be-
fore us here for confirmation or appeal in this proceeding.—
That question must come up in an entirely different proceed-
ing. As to the Legislature, it was their design no take the
police force from all political influences. It was never de-
signed that it should be placed at the disposal of any one
man.

In 1862 the old act was repealed and the new one enacted,
and Messrs Wood and Hindes were appointed under that act.
Mr. Wood was re-elected in 1864 by a different body of men.
Still later Mr. Hindes was re-elected by another Legislature,
thus deciding their fitness and uprightness to hold their of-
fice. Before the proceedings at Annapolis these commission-
ers were dejure and defacto the Board of Police of Baltimore.
One man again assumes to control this force for purposes I
will not mention. The irregularity of these proceedings will
be discussed at another time.

But whatever may have been the justice of the claims
of the opposite side, no claim to an office gives the claimant
a right to seize possession of the office by the strong arm. of
physical force. The first act of the new Commissioners was
to issue a proclamation without consulting another member
of the Board, and without giving to the community their au-
thority by such or in any other manner.

By reason of this and other acts, one of the new commis-
sioners threatening to take a posse and appeal to force, there
was ample cause for arresting them. An appeal to force is
necessarily riot and bloodshed. They attempted to carry out
this programme, instead of calling their own police to their
assistance.

REMARKS OF MR. HORWITZ.

Although I appear more particularly on behalf of the
Sheriff of Baltimore city, but yet. inasmuch as whatever was
done by him was done by virtue of an order received from the
commissioners appointed by the Governor, it will be necessa-
ry for the purposes of my argument, not to confine myself to
the action of the Sheriff, bu1 to discuss the authority under
which he acted, and the right of the commissioners to act un-
der their authority.

In the case of such palpable outrage as has been perpetra